Bablu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52033 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== Bablu Chaudhary S/O Satya Narayan Chaudhary R/O Village- Sukhasan, Ward No 6, P.S- Kishanpur, Dist- Supaul.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Kumar Goutam, Advocate For the Opposite Party :

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bhaptiyahi P.S. Case No. 83 of 2023 lodged on 17.06.2023 under section 392 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against four unknown accused persons with an allegation of committing robbery of a pick up van alongwith other articles from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, the petitioner is not named in the F.I.R. rather his name has figured in this case only on the basis of suspicion. Neither any incriminating article has been recovered from the possession of the pe-

Patna High Court CR. MISC. No.52033 of 2024(2) dt.24-07-2024 2/3 titioner nor the petitioner has been put on the Test Identification Parade. The petitioner is in custody since 23.01.2024 and is accused in eight more criminal cases.

5. Learned counsel for the State opposes the prayer for bail and submits that the antecedent of the petitioner is not clean hence, at the time of considering the prayer for bail of the petitioner, this aspect must be taken into consideration.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st, Supaul, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

7. The learned court below shall release the petitioner on bail only after framing of charge, if already not framed as well as on being satisfied that the petitioner is not absconding in any of the cases as mentioned in paragraph no.3 of the petition as under :-

1. G.R. Case No.1680 of 2019 registered as Kishanpur P.S. Case No. 203 of 2019

2. G.R. Case No. 2033 of 2017 registered as Pipra P.S.

Patna High Court CR. MISC. No.52033 of 2024(2) dt.24-07-2024 3/3 Case No. 175 of 2017

3. Excise S.T. Case No. 56 of 2019 registered as Raghopur P.S. Case No. 21 of 2019

4. Excise S. T. Case No. 426 of 2019 registered as Kishanpur P.S. Case No. 136 of 2019

5. Excise S. T. Case No. 501 of 2021 registered as Kishanpur P.S. Case No. 102 of 2021

6. Excise S. T. Case No. 904 of 2021 registered as Kishanpur P.S. Case No. 168 of 2021

7. Bhaptiyahi P.S. Case No. 172 of 2022

8. Jadiya P.S. Case No. 10 of 2023 (Dr. Anshuman, J.) Ashwini/- U T